The Sun. — London, England, 1818-08-15 00:00:00

• '~ ilr,. . 'LAW INTELLIGENCE. COURT OF CHANCERY, AUGUST 14. DRURY-LANE THEATRE. <Further Particulars of the Proceedings (1 yesterday.: The Court was this d•iy, at an early hour cro , vtled to excess. Sir A. riGoTT, ri%ing to more for the ot the 'ilium-thin, observed, that the (a•k had heen placed on his shottlikrs, to move the Conti to dissolve the Injunction which had been obtained titZaillit the Sub•Ciiintnittee. re tlitin from opening the Theatre, and also from eneaging uny l'ertoiiners whatsoever. Sir S. ROM ILLY took an ohjec•ion to the cause proceeding. on the ground that only three of the Sub-Committee had given notice. Sir A - . PIGOTT said, he had been informed that Lord Yarmouth had resigned; his Lordship had, boweyer, put in his bnswer, and as soon as the proper officer arrived he would•be sworn. Sir S. ItomiLLY stiti.witted, that Sir Arthii l'igott might he itt po•s(ssion of facts containe, hi that aus►ver, of which he (Sir Samuel) was un aware. Sir A. PIG°Tr had not seen it. lie had been - informed that it contained nothing different from the others, except the resignation of Lord Yar mouth. Mr. Walpole had also not put in his answer, he. having also resigned, and being at the present time without theinuisdietion of the Cotqt ; nor was it, he believed, intended he should tinder these circumstance , :. After a conversation of some length, the ob jection was waved by Sir S. Romilly. S.ir ART klutz PIGOTT did not feel himself much pressed by the dilemma be had - been said to have got into. Ile regretted, on behalf of his clients, - that by the proposition laid down in this case, he should lose the great assistance of the Gentlemen who were with hint in the case. Ile had employ ed himself, since the case was last before the Court, in looking over the Acts of Parliament. . _ He had carefully Pet used the bill and the affidavit, the only one filed in support of the plaintiff's case, which had bees' made by Mr. G. H. Robins, for no one else lord attempted to make one. In looking into the Acts of Parliamew, he found very material matters for his Lordship's consi eeration. lie had looked into the proceedings of the Gentlemen of the Select Committee, who bad taken on them many extraordinary acts and powers, although be bad looked in vain for the authority for their so doing. Amongst tine alle gations contained it, the affidavit, was one that Mr. Robins and his 'co-partners were incumbents find proprietors, and also Members of the Cor poration. This affidavit didotot contain itny alle gation that the opening of. the Theatre would be injurious to the proprietors, it merely said it might -be, in the concluding passage. It was therefore merely presumed that this loss and injury would take place by openiug the •Theatre. The 13.11 prayed for an account of the debts due to the per -formers and other persons, but it only prayed it against the five defendants, and when he took into consideration tine great number Of claimants, and the affidavit of Mr. Robins, he must say the present • WaS a most extraordinary case. The prayer ought not to he against the five defendants, bat against the Corporation, for they were in corporated by the Act of Parliament. The Bill prayed that an order might issue to sell or wort gage a competent part of the Theatre for the pin. poseof liqntidating the debts. Who could do this but tire pet sons in whom it was vested ? This Was the general body, for as a Corporation, in them, and them alone, was that power vested, and not in the live defendants. His Lordship was prayed to take an account as betweett these Cur porators, the Special Committee and the Sub-Com mit tee, and in the mean time to restraint the latter front opening tine Theatre pending that inquiry. This was the most extraordinary occurrence that ever took place in the memory of man, for by that the position was laid down, that a Theatre with -closed doors was in a better situation to get rid Of its ineumbrances, constantly increasing, than when it was (veil. What would be the effect of closing tire Theatre ? Why, the corps dramatique would be broken up, some would go to America, some to Ireland, some abroad, some here and some there, and it would he impossible to get them together again. This was the remedy pro posed lef the Select Committee, that Committee which had filed the present bill, and who wished the Sub-Committee to resign their present situa tions, on the consideration of incapacity. This was the sine qua non. The present was not a bill filed by creditors,- it was a bill flied by eight cot• porators who were not creditors, and were they at their will and pleasure to bind up all the con tributors, all the old renters who had been enti tled to three shilling a night, but who had been compounded with and cut down to one shilling and sixpence a night and free admissions in pro portion to six shares. There were also the in cumbrancers, were they also to suffer ? By the Act of Parliament it would be seen that certain old renters were to have one shilling and three pence per night and free ddraissious; and that when the new Theatre was built the same was to be and remain as charges. Where were these parties—had they ever been consulted ? It was aaid that a debt of 80,000/. had been incurred, out of which there were 40,000 bond debts, but this debt was not incurred by tile present Sub- Committee. By a clause in the Act of Parliament power was given to sell and lease certain private boxes ; this had been done, and for which 53.0001. had been received, which was to go in liquidation of the principal sum (300,0001.) bor rowed. Where were those lessees had they con setae!, to shalt up the Theatre ? were they wade parties ? Had they been asked if the doors of the Theatre should be nailed up Unless the Court would take upon itself to suspend tire Acts of the Legislature, it had no more power than any other Person to continue this Injunction, It had been thrown out that the Sub-Committee was not va- V.Thy, then, not apply 10 the Court of King's ? Why not mote for a quo warrant° against and remove theta.—[The Learned oileinan here Went into •the provisions of the for 14 ppoiwing the Committee.]—lf any lin t io to. management had taken place, who had the I;,:intitis to thank for it but themselves ? . , ettet i irtie - iejen' , :• 2 : •, ' ' , 7 ~ - ' ' ..' • ' Could' S trey . not have ..rethetved them in tti - ee inontlis ? The last season had been the most sue ,ceasful of any preeeding i . and yet this was the very time that the plaintiffs chose to make their complaint. On looking at the slst clause of the Act relative to Trustees, it weeld be found that they were not removeable unless they ceased to hold five shares. It was strange that the General Committee, who held bet three shares each, ap pointed the Sub-Committee, who were teguired to Amid five shares, so that they appointed the Sub-Committee, notwithstanding they could not fill the office thetesrlves, its they were only requir ed to hold three. Why was not the Duke of De vonshire made a parry to the present bill ; lie surely might to have been ? The whole accounts were to be taken against the defendants, for there were no others to make defendants, as the Trustees were indemnified against all Acts but their own. In respect to patents, what answer would be given if an application was made for another Theatre ? IVhy, the usual one, that there were two already; bet how could that be said when one of them was closed? IVhat attetvion had this Select Commit tee paid to this chcionstance ? le respect to the allegation that tire debt had been incurred by the - Sub-Committee, that was wholly denied by the .answer, for it was explicitly sated that it was due before they became Committee-men. This was not like a canal; here the thing was este blisbed, with every thing to go on, and why should it be stopped on an affidavit made by Mr. G. H. Robins ? Sir Arthur then proceeded to read extracts from Mr. Robins's affidavit, -and eotement on them as they respectively arose. The ease of the persons who would be thrown out by chasing the Theatre should also be taken into consideration, since to them such a proceeding would be utter ruin. It had been propo,A.(l by the Select Committee to raise a Certain sum to pay ten shillings in the pound to the claimants, but 1 this was only to one part of them, and what, Inc would ask, was to become of the other: It was saie, the system should be altered. This brought a little day-light with it. Was it meant that the present Sub-Committee should alter their system of management, or that they shoeld he turned out of their situations ? The fact was, there was some job in it that was not at present known. What power had these Getolemee to pay certain debts? how could they do that, when they could not displace the old renters ? What right had the Sub-Committee to tolerate for a moment itie pro position to give to George Colman, Esti, the whole and sole command over the Theatre ? He might be the most eligible person for such a trust, but yet the Committee had no tight to commit the expenditure into the hands of one man, when the Legislature had expressly said it should he vested in the hands of a Courtnittee. It hekd been said that great difficulty prevailed in obtaining goods for the Theatre from tradesmen ; that charge did net apply to the five defendants, who were wholly - blatneless. - The arrangement respecting the ten shillings in the pound had been come to on the express contlitioi; that the Theatre should not open till the money had been and the pre sent Sub-Counnittee had resigned, except Lord Yarmouth. What right had the Select Commit tee to enter into any such a contract ? If they Went to the Legislature for an Act of Parliament, it any defect appeared in it, they should again piq to the Legislature for relief; they had no right in the Court of Chancery. One thousand pounds was all that was wanting to open the Theatre, and the defendants had offered to ad vance it. The Act of Parliament had directed that the Sub• Committee should he approved of by the gener3l Meeting ; that had been the case, for no new one had been formed ; the present was merely b additions made on vacancies occurring. [low then cotild it be said that the present was tipt a vali►! Committee? The Loan CnsNcELLoa said there was an ex press clause in the act, that the Committee, when first appointed at - eapproved uf, should be invest- the managernent. Sir A. l'inoTT proceeded at great length.— The pliintiffs' shares only amounted to 401. while those of the five defendants amouuted to 901. atu why were they to be removed when there was noi one specific charge brought against them. Ail that %vas said was, that they ‘vere generally and universally complained of. MI the allegations in the bill were denied by the answer. If it was intended to overhaul the management, the whole of the Sub. Committee's predecessors ought to have been brought forward to answer for their conduct. Mr. P. Moore, at the commencement of the last season, advanced 10001. to enable the Theatre to open ; a like sum was now ready, and could the Court say it should be kept shut ? It was tine, there were debts on it, hut that was no reason.theyshoold not have an opportnuity of liqui dating them. Would the Court say that the Select Committee should lock up the Theatre, disperse the performers ,and cut up the concern root and branch, because they were a little embarrassed ? He trusted he should not have to address his Lordship in reply, to induce him to open the Theatre, or rather to suspend this extraordinary injunction. He reminded 1113 Lordship that though the House was shut, the rent to the Duke of Bedford was still going on ; the taxes proceeded ; the interest _ . on the bonds Aceuninkted ; the interest on 37501. per annum for eighty years Was going on, and nothing coming in to liquidate all those charges. The losi the holders of private boxes would sustain ; tl►e ruin that would becntailed on the poorer class of persons about the Theatre ; and the salaries of those persons who must of necessity attend, 41- though the house were shut, were among the *sign- ments used to induce his Lordship to dissnlye the and with which the Learned Gentleman concluded a speech of two hours' duration. SFr S, RomiLLY hoped he should nor take up much of his Lordship's time. Ilk Learned Fricod had had an extremely difficult task to pertortu, and he had p►oved that he needed no acquisition of strength, for there had been as large a portion of time expended as thoo4h the whole three had been heard. He strongly :leprecated the asperity with which this case had been conducted, and the artful manner, he must say, in which it had been argued. Had the objection relative to the want of parties been persevered in, it would only have delayed the hearing ►ill to-morrow. The case roust be taken to be now argued de retie esse, and, iii his opinion, its merits lay in a very narrow' 'et l sp . a,ss. The ease heen 11 . '4 es 0/.7,14 YrO! oletors against live: This was not the fact, for it was s bill filed for carrying into effect an opt` 'llion expressed by a great body of Proprietors at a general meeting. In fact, it would be itn ' possible to bring all the parties before the Court, as from death, abatement, and all other causes, the question might never be brought to a conclusion. There was no Act .of 'Parliament that prevented a few persons coming before- the Court in behalf of A great number of persons with their expressed wish. He did not•knOW why,the names of Messrs. Cocker and Ellice were so par ticularly brought before the Court, for he had never heard that Gentlemen of the profession had ever come before it in any other situation than other persons. He had heard of a story which happened many years ago on the Wtleb Circuit, where the Jury were all klrelshmen, in which it was said, on coming to a name in the paper of causes, " Oh ! we'll take this, it can't take long, for I shall tell the Jury the plaintiff is a rich attorney, and the defendant a poor widow, when they will soon dispose of it. He did not know it his Learned Friend was of his opinion, but he must.deprecate the insidious way in which Messrs. Ellice and Cocker had been mentioned.- . -- Sir Arthur Pigott had designated this - WI a I 11011• stroos case, and that it was unnecessary to say any thing further on it. He did not mean to throw the slightest insinuation on the Sub-Com mittee, whom it was possible might be possessed of talen's to sway Empires, but he must say they were not fit to hold . the reins of Theatrical Govern ment, for they tvotild bring nothing bat min on Hie concern, if t ht. blew teas not averted by shut ting tip the Theatre. One fact was, his Learned Fiend did not like a change of administration. co turn out an administration was not always so rointottable a job as some persons supposed, and in (ids case the Seket Committee was trot biassed by gain, tor they acted voluntarily and without reward. If their object was to turn out the pre- Alen( Theatrical Administration, and get in them st-Ives, it could not be for the love of power, but to avert the ruin pending over them. It had been described as a secret job, and this was the whole of the clse—they wished. to save themselves:.ftom ruin. The LORD CHAN tELLOR.—The great seal is - in the hands of the live. • Mr:PETEn Mnoas.—No, my Lord, they have no powee. Sir SAMUEL ROMILLY.—The keeper of the 'con science i s the second named defendant. • SicARTHU It PI GOTT.—fle cannot act, my Lard. [litre the Court, the most crowded ever wit nessed, burst out into a hearty laugh, his Lordship himself being unable to maintain his gravity.] -Sir. SAMUEL proceeded.—'rite words in. the afa. davit were, " will" and " may" be the -rain of the Proprietors, if the Committee are suffered...to open_ the Theatre. This was denied, it being contended that it was only.'' may." The LORD CHANCELLOR.—The affidavit banded up to me has the words will and may in three different places. Sir SAMUEL proceeded—The debts bad increased under the present administration ; it was there fore better to pot an end to it altogether, than let the ruin go on increasing, for the time must come when an end must be put to it, and it ought to be done before fresh contracts and expellees to a much greater amount bad been incurred. The present reminded him of a plot to overturn a Go vernment with a treasury of 1 71.--( Laughter The 10001. that bad been advanced had never come back, but many bad gone after it, which would he the case again if the Theatre was open-' ed. It they could find a good--natured creditor who would s►op till best suited him, and then come and sweep every thing away by an execution; and after this, if they could find a good-natured public who would go to see the performers in their common clothes, wit hoot gardens, trees, &c. usually exhibited, it might be very well to open the '!'heat re ; but till that could be done it was folly to think of opening it. If by the arrangement of the Select Committee the most pressing debts could he got rid of, the Theatre might agnin go on. The opinion that appeared so monstrous to Sir Arthur Pigott was held by the great majority of 50 Proprietors out of two hundred. The Sub- Committee acted by mere sufferance. The LORD CnasicEeecka r -What has been the practice under the Act ? Sir A. Pit/OTT—There has been no objection matte till this Kill was filed. The Loon CHANCELLOR Said, that lie should read over the Acts very carefully. He thought the specification agreed to before the (louse of Lund& was, that Drury-lane Theatre Should never come into the Coon of Chancery. After much argument, in the course of which, Sir SAMUEL ironically aNsimilated ►he persons in office in the Theatre to the great Officers of State, be said that Mr. -Lamb, who had been one of the Committee, had now become a plaintiff against then,. Sir Arthur was very much surprised at its being wished to place the whole management in one person's hands, but a proposition to that ef fect had been made by his clients. Oae person had the management of the other Theatre, and under his guidance it prospered. This case was the same as that of a canal which bad been stopped for the want of funds, for that was the very case here. It eras not just that ;be Proprietors should be losing 80001. a year to support Else Performers, when they had already lost so much. Au appeal one:lit to be made to the public, whom they had delighted, in their behalf. After a very able ar gument, of which the above is butt brief sketch, Sir SAM vet, concluded by submitting, that as the Court was justified in granting the injunction, so it was in maintaining it. Sir A. l'inoTT made a most able reply, and concluded by submitting that the injunction should be dissolved. The Loan CHANCELLOR Said he would, if pos sible, look into the Acts of Parliament and the Bill itself this evening, and in that event. give judgment to-morrow ; but if he could not do that, be would on Monday give his opinion. His Lordship noticed the vat ions objections, particu larly the following respect to the want of patties, the great evil was the getting so many to gether at the same time. Looking at the claim of the bout-holders, his Lordship did hold au , ti o topinion that tiler ()tight hi tie ?nab para., -- „', cti that his Lordsliip ought not to coot js'' disSOlve this • Injunction without ri° 6ce ,ioi ing ser7ed on them. AnOtlier birStaci e ' O O if the p'e;;lotonert entered into anY, A Bgr ld, merit sy ft h Sub-CoMmittee, Wo n :" l l, he able to recovet• Against the torpOratte l !; er ei they were not authoriied tip act, and had ei,"" be f into any contracts , Lord - ship though t o , would be personally liable. if they were o°` 0 14 thorized his Lordship doubted whether be ° o fr enjoin them, being persons not empowered to On the other hand, a question would arise, Is t o f Cher they were or were not to be held es P a r " the Corporasion. Ills Lordship felt gree t or citity in reading over the Act to find wite tue s al nor the Committee could be appointed in hio f other manner or time than specified itr t h w& Act of Parliament. His L o rdship d' u tv ir whether or not the Coiporatirin had lOs t Charter by shutting up the house. s ot' principle oti which the Court g enetaill ed in such cases as the pres en t was, vglie. c he could prevent irremediable mischief. JO e°llii(iti his Lordship observed, th a t the CorP rs f r ola claimed the right to restrain other parti es T ito obtaining a lic e n c e, but it would be a q ues re. how far they could cl a im th a t ri g ht when ti te r ., fused to keep open their own. lie would, I►° ever, communicate hid opinion on, Moo ds / farthest. The Hall Was never seen so crowded 11 1 31° " former occasion, a s it w as d ur i ng the diseli ss ' ;" ° . 11 ( 0 above motion. Lord 'Yarmouth virs ,P t—,. lo at an early boor, as were also Mr. P. o ore, roo \Wilson, Alderman Cox, and r'lr. ktobi" s ' motion occopied five hours. • Tllt BOHM N.—The Epita At of JOHN of Milnrow, a Schoolmast er, two miles ' - 1 1 ° ,0 liochdale, in Lancashire, and MARY his wife died died July 14th, 1786, age d years ; " be 111 11 1 June 4th, 178 Q, , A ,"g;:i 63 years. Buried - hi o I grave in I.l.T.i.o . o.ate ; LAturch-yard.--N, better known by the name of- Tim tObblib verote . the original Lancashire Dialect, anililek, printed. He was . a great lover.of Ram and his 'wife MARY of strong Tea , " Uri John, and with him Mary, - Cheek by jowl, and neyth. vary; No wonder that they so agrce— „, — J ohn Wants no Pititeh, and Moil no 265 * s ox; (A True Copy.) • - Tour's, &c. ' London, August 1318. i 0 11 ' Arrniiiiii'Stii6lDe.---;At an early ". 1/ i r ti bfr Thursday 'niorning, as three gentlemeni in i i;ver'. tauts of _lslington, were passing the New ' 7 4ei ' head, [boil' attention, was arrested by a 116 , • ; . ga, the water. On going to the spot; they lic r ,': 1 1:0". a female struggling on th e s „ r t.„„, as it o e ro ti been kept : afloat by her clothes.' Thei i" . 1 1;10 d iately. got lier . out, Jim} ea flied Wei , ' to di e „„,e, ' Coat Boy, Gostrell-street-road, where P r " id assistance was render e d : -On recoverY, Oeotl• into a flood, of tears, and aft er so me time eisPot ; related that her m o the r li ve d : in Barth° l°ll close ; . that her fat her wat? (teed, and COasEt t she was kept at service ; th a t u ' she is no. r - ',or years old, and that her mi s t res s used h er ie great cruelty, but still he r Mo t h e r nould o('r!`o4. r . e . c iit t ., mit her to leave her pl ace . On the p night she went to Sadler's IVells, and yo. bo o too late to go home ; that she wandereidleo the fields, till at le n gth s he f orme d the--,, nt IP° resolution of self-de s tr uct i on . She was r'' ' _ . to her mother's reaidence. n A return match of Cri c k e t Was play er { - b il t;e e f ; nington Common on W e d nes d a y last' e ' '1; the o t Gentlemen of th e S atur d a y's e-"Ir C ) club, and the Gentlemen of the Blackheath e when the latt e r G ent l emen w o n easy' late llir d th e rieket,• to g o d own w h en t h e y were dec.- ‘y . ipner s. .111.soiSsaa COURSE OF EXCHANGE, FKIMAY, 11". A lA3 n imt i t s so t t e : i ra d dt : Sni n igh . t . ........... 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Agio of the Bank on Rutland. • 2 1 4 " Cent' o s P o Per ' Portugal Gold, in coin ................ .. /,.4 00 . 0 ...... 4 Foreign Geld, in Bars ...... ~ 0. NeW DOUMUOIIS • . u ............. .• ~ u _ 5 4 .5 ...04 BULLION. Nca• Dollars Silver, in liars • ....• ...... 0 5 ust Eigiuma Pri s ce ‘ Ships at Nl:tact. Slpips sold. 4°. 1:• Newcast 31 29 . •••"' • • •• pd. p 4 Sunderland . ..... to 2 Cultu ...... . 2• •• • 325. ' ........ tres.• , Ai , Of,' y MARRIED. ri r anon jog On Saturday. the Rth init. at tit..lohn's, '?°e/dest pp .7. Cooke, Esti . . to Ann Frances Soook 1--EarreYLoetal'i° ter of Rob e rt H arvey 1 ,- so of fbc j os pector -Uc Custom-house. 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